Do Not Mess with Michael Jordan and His Right of Publicity
Sports Litigation Alert
September 18, 2015
Partner and chair of Kelley Drye’s Media and Entertainment practice, Lee Brenner and associate Andreas Becker authored the Sports Litigation Alert article “Do Not Mess with Michael Jordan and His Right of Publicity.” Originally published in the Kelley Drye Media and Entertainment blog Drye Wit, the article discusses basketball legend Michael Jordan’s lawsuits against grocery store chains Jewel-Osco and Dominick’s Finer Foods for using his likeness and identity in advertisements in Sports Illustrated without his permission as a means of promoting their stores, violating his right of publicity. After the Northern District Court of Illinois rejected Jordan’s claims in his suit against Jewel-Osco, the Seventh Circuit disagreed saying, “the ad is a form of image advertising aimed at promoting goodwill for the Jewel-Osco brand by exploiting public affection for Jordan at an auspicious moment in his career.” As a result, a jury trial is scheduled to begin on December 8, 2015.